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Frequently Asked Family Law Questions

How Long Has Atascadero Attorney William Ausman Been Practicing Family Law?

William Ausman has been practicing family law for over 17 years. Before
that, he was a paralegal. He has been working on family law for a very
long time. It’s always been compelling for him to help people in
difficult situations and be able to give them real relief and show them
the process and how best to approach that process so that it provides
them and their families maximum results. It’s always been personally
very satisfying for him to be able to help people through their difficult
times when they are faced with possibly losing their spouse, losing their
children, losing their life savings and their home.

When people are facing such difficult situations, attorney William Ausman
takes it personally as an honor to help people make sense of the situation,
show them that there is a way to get through this process and get the
maximum results for themselves, their children and their families. The
Law Offices of William Ausman have been able to partner with people and
garner the resources to obtain the maximum results in the courtroom. We
can also go to the other side and talk with attorneys to show them that
we mean business. We’ve often been very successful in being able
to negotiate settlements. Therefore, being able to be that beacon of light,
during difficult times, for our clients has always been an honor.

The team of professionals at the Law Offices of William Ausman have great
compassion for our clients. We are able to put together practical, real
world solutions and take the fear out of the family law process.

What Are the Most Common Types of Family Law Cases Handled by the Law Offices
Of William Ausman?

The most common types of family law cases seen by the Law Offices of William
Ausman are dissolution of marriage. We see child support and spousal support
requests, along with custody and visitation disputes. Quite often, we’ll
see domestic violence restraining orders. We have defended hundreds and
hundreds of domestic violence restraining orders, as well as gotten restraining
orders to help give protection to families and children during difficult
times of transition.

Currently, move-away cases are something that we’re seeing a lot
of. After a dissolution of marriage has occurred, one partner either meets
another person or gets a job offer and moves across the country, and the
children must move away from one of the parents. We’ve been able
to partner with people and get excellent results for clients in move-away
cases as well.

What Sets Attorney William Ausman Apart as an Atascadero Family Law Attorney?

What sets the Law Offices of William Ausman apart is the talented team
that we have put together who really have great care and compassion for
our clients. We have real world knowledge: we have been parents, we have
cared for children, and we are actively involved in the community. We’re
in the court all the time, we know all the judges in the county, and we
practice before them. We’ve litigated many cases prior to the judges
being on the bench, so having a thorough understanding of the court system,
a thorough understanding of the process and the honor of helping thousands
of family law clients in the past have given us a proven track record
of success. Also, having the care and compassion for people going through
difficult situations really allows us to work with people and provide
them the maximum results, but staying with this system of organization,
helping them orient back to the issue at hand and getting things organized
and presenting them succinctly before the court really have helped us
become the premier family law firm on the Central Coast.

Which Party Generally Pays Spousal Support in a Divorce?

In California, they determine who the supporting, and supported party is.
It does not matter whether you are a male, or female, the court determines
whom the supporting party is by the person who makes the most income.
Once they have determined that, then they can determine the amount.

Is Alimony or Spousal Support Always Awarded in a Divorce Case?

No, alimony or spousal support is not always awarded. In California, we
look at the incomes of the given individuals. Usually, when you have two
parties making similar incomes, spousal support will not be awarded, but
oftentimes you will see that one party has earned more than the other
has. When one party earns substantially more, the court will order spousal
support to be paid by the supporting party to the supported party.

When Does Alimony or Spousal Support Actually Begin?

Spousal support starts upon the award of the first temporary spousal support
court order. The courts gain jurisdiction when the parties file the first
request for spousal support. The court can order spousal support to be
paid retroactively up until the filing of the original petition for the
dissolution of marriage. Therefore, once that court has that issue, they
can make that spousal support award. The court has the discretion to award
it at any time from the time that the petition for dissolution of marriage
is filed up until any date on, or about the hearing date that the spousal
support request for an order is heard for the first time. Parties can
get spousal support during a period of separation. They do need to file
for that. Filing is always better to file earlier rather than later. If
you are seeking spousal support, the court will have the ability to award
you spousal support even retroactively.

How Long Does Spousal Support Typically Last?

The court usually looks at the term of marriage, and decides how long spousal
support will last. If it is over ten years, permanent spousal support
is usually awarded. That means there is no definitive date in which the
court will terminate spousal support. Quite often however, you want to
look at getting a Gavron warning. In remarriage, the Gavron case was very
important in California. The courts determined that it was necessary for
a supported party to make substantial efforts at becoming self-supportive,
and if that party does not make the efforts to become self-supportive,
they can terminate spousal support.

That is one important element to observe when you are determining spousal
support, and receiving orders whether those are temporary or permanent
orders. If this is a statutory long-term marriage, you could well indeed
pay spousal support indefinitely until the death of either party, or the
remarriage of the supported party. However, in shorter term marriages,
the courts will often make that a determinant date that the support does
end. For instance, if it were a four-year marriage, you often see a permanent
spousal support award of two years. That includes the temporary spousal
support period that you are in.

Can the Amount of the Spousal Support Award Ever Be Changed?

There are different times when spousal support can be changed. One is temporary
spousal support. When there is a change, if a party loses a job, has a
change in income, or another party gets a job and this is before the date
of trial, you can file a request for an order, and ask for change in spousal
support based on these new circumstances. The court will make those determinations
if it is before trial. It will be based on those temporary situations,
and it will be based on the Santa Clara Temporary support spousal guidelines
in most counties. Other counties have similar codes, but different calculations
in determining temporary spousal support.

Once you go to trial, and have a permanent spousal support order that is
based on the Family code Section 4320 factor, and then the courts find
that here was a change in circumstance and that change of circumstances
can vary. If a party loses their job, or is in an accident that affects
their income, if one party gains employment that pays substantially more,
these can factor changes in the circumstances. Additionally, retirement
is a change in circumstances that will quite often effect a change in
spousal support, but once it is a permanent spousal support award, it
is important to note that you have to prove change in circumstances before
you can get in to argue the case, and show the court what those new and
changed circumstances are.

Quite often we will see that folks are not following the Gavron warning,
and will bring in a request order based on the fact that the supported
party is not making good faith attempts to become self-supporting, and
had the opportunity to do so. This is why it is very important to work
with a great attorney who understands the situation, and can present your
case in court in order to save you a substantial amount of spousal support,
or help you retain that spousal support amount if someone is trying to
attempt to terminate your spousal support.

If One of the Spouses Commits Adultery Does it Affect Alimony or Spousal
Support in California?

No, adultery has no bearing with alimony, or spousal support. California
is a no-fault divorce state. It does not matter who did what to whom.
No matter whether it is adultery, or any other circumstances, the only
cause for divorce in California is irreconcilable differences, or incurable
insanity. Spousal support does not consider those factors either, only
the temporary spousal support award or the permanent award of spousal
support applies.

What Are My Rights if My Ex Fails to Pay My Spousal Support?

When an ex-spouse has not paid spousal support, there are different remedies
that a party can take in order to get relief. The party should look at
a wage assignment, additionally; one can go back to court and ask for
attorney fees, and costs, as well as the spousal support arrears that
are owed in the matter. It is important to consult with counsel, look
at all the options, and understand what the facts are, so you can get
maximum results when addressing the issue of ones’ party’s
lack of paying spousal support.

Additional Information about Spousal Support in California

It is very important that people understand income. They need to correctly
categorize income in order to maximize results before heading into court
on either a temporary, or permanent spousal support award hearing. Income
should not be confused with assets as well. Special expenses will get
special treatment in California. A person should carefully look at their
healthcare, healthcare insurance, healthcare expenses, property taxes,
what the other party is paying for property taxes as well as mandatory
retirement contributions, and how their particular situation is taxed.
These factors all come into play whether it is temporary spousal support,
or permanent award of spousal support. Understanding income and knowing
how to present that to court will certainly maximize someone’s results
when seeking an award of spousal support from the California Superior Court.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.